Fowler v. Commissioner of Social Security

Filing 27

Stipulation and Order for the award and payment of attorney fees and expenses pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d) and costs pursuant to 28 U.S.C. 1920, signed by Magistrate Judge Erica P. Grosjean on 3/25/2019. In light of the stipulation and this Order awarding EAJA attorney fees to Plaintiff, Plaintiff's 24 Motion for Attorney Fees us denied as moot. (Rosales, O.)

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Cyrus Safa
Attorney at Law: 282971
Law Offices of Lawrence D. Rohlfing
12631 East Imperial Highway, Suite C-115
Santa Fe Springs, CA 90670
Tel.: [phone]
Fax: [phone]
E-mail: [e-mail]

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Attorneys for Plaintiff
Laura Diane Fowler

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LAURA DIANE FOWLER,
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Plaintiff,
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vs.
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NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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Case No.: 1:17-cv-01253-EPG
STIPULATION AND ORDER FOR
THE AWARD AND PAYMENT OF
ATTORNEY FEES AND EXPENSES
PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C.
§ 2412(d) AND COSTS PURSUANT
TO 28 U.S.C. § 1920
(ECF No. 24, 26)

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TO THE HONORABLE ERICA P. GROSJEAN, MAGISTRATE JUDGE
OF THE DISTRICT COURT:
IT IS HEREBY STIPULATED, by and between the parties through their

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undersigned counsel, subject to the approval of the Court, that Laura Diane Fowler

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be awarded attorney fees and expenses in the amount of three thousand three

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hundred eighty-five dollars and seven cents ($3,385.07) under the Equal Access to

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Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920.

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This amount represents compensation for all legal services rendered on behalf of

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Plaintiff by counsel in connection with this civil action, in accordance with 28

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U.S.C. §§ 1920; 2412(d).

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After the Court issues an order for EAJA fees to Laura Diane Fowler, the

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government will consider the matter of Laura Diane Fowler's assignment of EAJA

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fees to Cyrus Safa. The retainer agreement containing the assignment is attached

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as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability

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to honor the assignment will depend on whether the fees are subject to any offset

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allowed under the United States Department of the Treasury's Offset

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Program. After the order for EAJA fees is entered, the government will determine

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whether they are subject to any offset.

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Fees shall be made payable to Laura Diane Fowler, but if the Department of

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the Treasury determines that Laura Diane Fowler does not owe a federal debt, then

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the government shall cause the payment of fees, expenses and costs to be made

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directly to Law Offices of Lawrence D. Rohlfing, pursuant to the assignment

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executed by Laura Diane Fowler.1 Any payments made shall be delivered to Cyrus

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Safa.

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This stipulation constitutes a compromise settlement of Laura Diane

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Fowler's request for EAJA attorney fees, and does not constitute an admission of

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liability on the part of Defendant under the EAJA or otherwise. Payment of the

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agreed amount shall constitute a complete release from, and bar to, any and all

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claims that Laura Diane Fowler and/or Cyrus Safa including Law Offices of

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Lawrence D. Rohlfing may have relating to EAJA attorney fees in connection with

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this action.

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This award is without prejudice to the rights of Cyrus Safa and/or the Law

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The parties do not stipulate whether counsel for the plaintiff has a cognizable lien
under federal law against the recovery of EAJA fees that survives the Treasury
Offset Program.
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Offices of Lawrence D. Rohlfing to seek Social Security Act attorney fees under

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42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

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DATE: March 22, 2019

LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Cyrus Safa
BY: __________________
Cyrus Safa
Attorney for plaintiff Laura Diane Fowler

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Respectfully submitted,

DATED: March 22, 2019

MCGREGOR W. SCOTT
United States Attorney
/s/ Marcelo N. Illarmo
MARCELO N. ILLARMO
Special Assistant United States Attorney
Attorneys for Defendant
NANCY A. BERRYHILL, Acting Commissioner
of Social Security (Per e-mail authorization)

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ORDER

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IT IS ORDERED that attorney fees in the amount of three thousand three

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hundred eighty-five dollars and seven cents ($3,385.07), under the Equal Access to

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Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920, are

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awarded to Plaintiff subject to the terms of the Stipulation. (ECF No. 26.) In light

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of the stipulation and this order awarding EAJA attorney fees to Plaintiff,
Plaintiff’s Motion for Attorney Fees (ECF No. 24) is denied as moot.
IT IS SO ORDERED.

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Dated:

March 25, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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